Discrimination; prohibited in voting and elections administration, etc. (SB1395)

Introduced By

Sen. Jennifer McClellan (D-Richmond) with support from co-patrons Del. Cia Price (D-Newport News), and Del. Sam Rasoul (D-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Elections; prohibited discrimination in voting and elections administration; required process for enacting certain covered practices; civil causes of action. Prohibits any voting qualification or any standard, practice, or procedure related to voting from being imposed or applied in a manner that results in the denial or abridgment of the right of any United States citizen to vote based on his race or color or membership in a language minority group. The bill further prohibits at-large methods of election from being imposed or applied in a locality in a manner that impairs the ability of a protected class, defined in the bill, to elect candidates of its choice or to influence the outcome of an election, by diluting or abridging the rights of voters who are members of a protected class. Prior to enacting or administering a covered practice, defined in the bill, the governing body of a locality is required to publish the proposed covered practice and accept public comment for a minimum of 30 days on the proposed covered practice; after the public comment period, a 30-day waiting period is required. During this period, any person who will be subject to or affected by the covered practice may challenge the covered practice as (i) having the purpose or effect of denying or abridging the right to vote on the basis of race or color or membership in a language minority group or (ii) resulting in the retrogression in the position of members of a racial or ethnic group with respect to their effective exercise of the electoral franchise. The bill permits the local governing body to instead submit the proposed covered practice to the Office of the Attorney General for issuance of a certification of no objection and, once such certification is issued, to enact or administer the covered practice. Certain unlawful actions, including knowingly communicating false information to voters, that are currently subject to criminal penalties will create civil causes of action under the bill. The bill authorizes the Attorney General to commence civil actions when there is reasonable cause to believe that a violation of an election law has occurred and the rights of any voter or group of voters have been affected by the violation. Civil penalties assessed as a result of such action are payable to the Voter Education and Outreach Fund, established by the bill. Current provisions related to language minority accessibility are moved to a newly created chapter relating to the rights of voters. Read the Bill »

Status

02/07/2021: In Committee

History

DateAction
01/13/2021Prefiled and ordered printed; offered 01/13/21 21102738D
01/13/2021Referred to Committee on Privileges and Elections
01/19/2021Impact statement from VCSC (SB1395)
01/21/2021Impact statement from DPB (SB1395)
01/26/2021Reported from Privileges and Elections with substitute (9-Y 6-N) (see vote tally)
01/26/2021Committee substitute printed 21103648D-S1
01/26/2021Rereferred to Finance and Appropriations
01/26/2021Senate committee, floor amendments and substitutes offered
01/27/2021Impact statement from VCSC (SB1395S1)
02/03/2021Senate committee, floor amendments and substitutes offered
02/03/2021Reported from Finance and Appropriations with substitute (10-Y 4-N 2-A) (see vote tally)
02/03/2021Committee substitute printed 21103866D-S2
02/03/2021Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/04/2021Engrossed by Senate - committee substitute SB1305S2
02/04/2021Read second time
02/04/2021Reading of substitute waived
02/04/2021Committee substitute rejected 21103648D-S1
02/04/2021Committee substitute agreed to 21103866D-S2
02/04/2021Engrossed by Senate - committee substitute SB1395S2
02/05/2021Read third time and passed Senate (21-Y 17-N) (see vote tally)
02/05/2021Impact statement from DHCD/CLG (SB1395)
02/05/2021Impact statement from DPB (SB1395S1)
02/05/2021Impact statement from DPB (SB1395S2)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee on Privileges and Elections
02/08/2021Continued to Special Session 1 in Privileges and Elections